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GUARDIANSHIP AND MANAGEMENT OF PROPERTY ACT 1991 - SECT 32G

Health professional must give information to health attorney

    (1)     If a health professional asks a health attorney to consent to medical treatment for a protected person, or to the protected person participating in low-risk research, the health professional must give the health attorney information about the following:

        (a)     the reasons why the person is a protected person;

        (b)     the condition of the protected person;

        (c)     the medical treatment or low-risk research for which consent is sought;

        (d)     any alternative medical treatment or low-risk research that is available;

        (e)     the nature and likely effect of the medical treatment for which consent is sought and any alternative medical treatment;

        (f)     the nature and degree of any significant risks involved with the medical treatment or low-risk research for which consent is sought and any alternative medical treatment;

        (g)     the likely effect of not providing the medical treatment or low-risk research for which consent is sought;

        (h)     the decision-making principles;

              (i)     any other matter that the health professional believes on reasonable grounds is relevant to the provision of consent for the medical treatment or low-risk research.

Note     If a form is approved under s 75A for this provision, the form must be used.

    (2)     Also, if a health professional asks a health attorney to consent to a protected person participating in low-risk research that is part of a clinical trial, the health professional must give the health attorney access to an independent doctor to provide further information and answer any questions the health attorney has about the clinical trial.

    (3)     In this section:

"independent doctor", in relation to low-risk research that is part of a clinical trial, means a doctor who is not involved in, or connected to, the research, other than in having a professional interest in the area of the research.



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